EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS – Timing of Action
Single Topic for Decision 2314H
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504.04000 – Timing of Action
The proximity in time between the protected activity and the adverse action goes to the strength of the inference of unlawful motive, but is not determinative by itself; there is no “bright line” rule for determining how close in time the protected activity must be to the adverse action in order to establish a strong inference of unlawful motive based on “close” temporal proximity; a seven month gap in time between the protected activity and the adverse action created a “minimally sufficient temporal proximity” sufficient to establish an inference of unlawful motive, albeit a weak one.